The agreement's purpose is to create a licensing contract between you and Mobsted Inc and to provide a guidance on financial and legal issues, while using the Mobsted Inc online "Service", which includes non-exclusive usage of all of the software, systems, servers, hosting, GPS data, storage, data transferring, documentation, guides, media, and other systems and content created and made available by Mobsted Inc, it's affiliates/partners and other contributing parties.
By clicking Accept on this agreement or in any other place, referring to this agreement, or by making a payment, you fully agree to the terms of this licensing agreement. If you enter this agreement you confirm that you have the legal right or any other kind of authority to enter this agreement on either your own behalf of the behalf of another legal entity, which you sign up for Mobsted Service. In any case the term YOU (or any derivative) refers to THE legal entity entered into this agreement. In case there is not legal right for you, based on your jurisdiction, to enter to this agreement, you shall not accept this agreement under any circumstances and must not use the Service.
The only case, which invalidates this agreement, is when your organization has a separate agreement confirmed with Mobsted Inc signed, or otherwise stated, explicit consent. Any comments received via email, voice or other form of communication, are not amendments to this agreement, do not overlap anything nor act as appendixes.
This agreement is enacted the moment you accept it. The Service is licensed to You, not sold. Any rights, not expressly granted herein are reserved with Mobsted Inc. 1. Change of terms
1. We reserve the right to change any of the terms of the agreement anytime. All updates made to this agreement are effective immediately upon posting it at www.mobsted.com/terms
2. We will notify you off changes made to this agreement via email or a ServiceBook app, if we consider amendment as of importance
3. Continuing usage of the Service means you fully accept all amendments 2. Forbidden and Abusive uses
- All content, which you create and transact within the Service is fully yours and your transacting parties. You are the only party liable for any kind of content or transaction done with the Service.
- We will not assume or have any kind of liability for any of our action or inaction with respect to your usage of the Service or your content or any of your transactions.
- All kinds of modification to the Service is forbidden, except to the mobile services which are featured in your own space or in templates space.
- Any efforts to copy parts or gain access to the source code in any way
- Re-sell in any way any part of the Service
- White label the service without explicit Mobsted Inc consent
- Engaging in any kind of unlawful, fraudulent, deceiving, activity through the Service
- Storing or transmitting anything, which may constitute or encourage in any way any kind of criminal conduct or be considered as illegal activity, violate right of any third party or lead to any kind of legal prosecution, – under any jurisdiction.
- Usage leading to interference or disruption of the Service
- Any effort to access other accounts within the Service
- Any other case at Mobsted's discretion
3. Fees and Service
- Sending any kind of unsolicited communication. We reserve the right to create algorithms judging and stopping such communications at out discretion at any moment at any stage, including getting recipients feedbacks on such communications.
- Sending any kid of offers competing with any of the Mobsted Inc Service parts, including but not explicitly – the ServiceBook, or other products marketed by Mobsted Inc.
- The Service will not allow sending any communications if the recipient has explicitly forbidden such type of a communication.
- Any other case at Mobsted's discretion
- We reserve the right to discontinue or suspend the Service or any parts of it at any time, or request you to change anything with a timetable to comply, with or without any prior notice.
4. Auto renewal and canceling
- You agree to pay to Mobsted any fees for each service you purchase or use through Mobsted's system or it's affiliates., including any over the limit fees described below in full accordance with the pricing policy at www.mobsted.com/pricing .
- Mobsted reserves a right to unilaterally change the price of any products, services and licensees purchased through Mobsted system, but agrees to informing you, 30 days before a new billing cycle, of any changes. If you do not agree with these changes, you can cancel your Service through account management tools.
- In addition to fees paid to Mobsted you may incur third party charges from using the Service, for example, mobile data fees or roaming charges.
- Mobsted charges your account monthly or annually 1-5 days prior to your service expiration.
- Entering your payment details in any way means you authorize Mobsted to charge you with the selected amount of monthly subscription and for all pay as you service.
- You must keep all your billing information current and notify us if anything changes. You must change you billing information, if you need to, at least 5 days prior to your Service expiration so that no charge attempts will be made on your old payment method.
- Service fees are non-refundable and you may use the Service until the pre-paid period is over. Except when prohibited by Law.
- Mobsted has the right to apply late charges on your account as well as reimbursments of any costs incurred because of your late payment, except when prohibited by Law. The amount of late charges shall be no more then 10% of your monthly (or 2% of annual).
- Mobsted may suspend your Service if you don't pay on time more then three times, or late more then 2 weeks at once.
- Mobsted has the right to withhold fees due and late fees, if you are taking payments through the System and Mobsted acts as a payment aggregator.
5. Over or under the limit of your payment plan
- Your subscription will automatically renew at the end of your billing cycle, unless you cancel it in your account settings online or in ServiceBook app. If cancelation is not done 1 day prior to the end of your billing cycle your subscription is prolonged for the next billing period.
- Canceled service will be active until the end of your billing cycle. No funds are refundable at this point. Please, help us understand what went wrong, if we contact you upon subscription cancelation.
- If you are saving with an annual subscription, your service will continue until the very end of the pre-paid period. We are sure that you will stay with our service for a long time, but still we encourage you to start saving with annual pre-pay after first 1-2 months of automatic monthly renewals.
- You can cancel your subscription anytime, including in cases when Mobsted unilaterally informs you of the new pricing policy, if those instances ever occur.
Included in all service plans
- You are free to create as many mobile services as you need.
- Any amount of Push through either Service Book or ChatBot channels
- Any amount of Email notifications
Chargeable Volumes can be selected in your account settings, a basic amounts are included:
- Objects of Service is the same as Front End Users – billed monthly – amount of unique records on Tab "Objects" summed up in all of your applications
- We only sum ao your active Objects, which are those logged in within the past 12 month.
- Objects using only ServiceBook app are excluded.
- Back End Users – billed monthly – number of unique users accessing your backend in all of your applications.
- API calls – billed monthly – the throughput volume you select in your account settings.
- Amount of Disk Space – billed monthly – is automatically summed up for all your applications and depends on how media heavy your service is.
- SMS – pay as you go (actually sent only) – the amount of SMS messages sent from all of your applications
In case any Chargeable Volumes billed monthly exceeds your allocated volume:
- Your service will NOT interrupt in any way. You account will be automatically added with the amount of created Chargeable Volumes using the smallest (in number of items) block available in Pricing Policy.
- You will be immediately notified that you're over the limit by Email and in ServiceBook mobile app (if installed). You can login on the same day into your account settings and rid it of any unnecessary Volumes to avoid additional charges. Or you can buy Chargeable Volumes in bulk to save on per item costs.
- We only charge you for what you use for the amount of days you actually use it. So if you choose not to rid your account of over limit Chargeable Volumes, you account will be recalculated based on the amount of Chargeable Volumes you use on a per day basis. We use the following formula to get to daily amounts per Chargeable Volume – (Monthly cost of a block)*12/365/(number of items in block) with all rounding done in your favor.
- If you are on the annual pre-paid plan, the annual savings discount will be also applied for the daily calculation for newly added Chargable Volume.
- The amount of pre-paid days left prior to Service termination in you account settings will decrease with any over the limit additions. You can view that number in your account settings.
- To make the service cheaper you can buy Chargeable Volumes in higher bulk, thus decreasing it's per item costs.
- Selecting a different bulk size takes an effect the next day for the per item per day calculation.
If you see that you are not using up any of your Chargeable Volumes you can choose a less expensive payment plan, it will be enacted and pro-rated according to the same rules as with a more expensive payment plan. 6. Storage and processing location
The service is provided from the United States. By using it you understand and agree that storage and all processing of all the personal information which you store about yourself and/or your customer is done in the United States. Mobsted reserves a right to change storage/processing locations to other countries but will make a reasonable effort to inform you if storage location is changed with at least 7 days notice. 7. Account security and confidentiality
8. Service updates, versions and property rights
- Mobsted NEVER shares, sells or otherwise uses anything entered by you during your usage of the Service. We reserve the right to study your data with our internal analytics tools to learn of and create various ways of improving the Service.
- We will only restore your access to the Service, if you loose your password, with a full confirmation of your identity through either current and valid mobile phone number or email address. All other requests will not be granted.
- You will store your access information in a safe place and not let any unauthorized party to use it or grant any unauthorized party any kind of access as user with any kind of rights into your account within the Service.
- If you suspect any kind of misuse of unauthorized access to your account, you must contact Mobsted immediately via email or ServiceBook app.
- You are fully responsible for everything done within your account. Mobsted Inc or any partner/affiliate will not be held responsible for any loss or damage from any unauthorized use of your account.
9. Application development and sharing
- Mobsted has the right to make necessary scheduled and unscheduled changes or rearrangements to the Service at any time, as well as to fully stop the entire service or it's parts.
- These may include any parts of the Service and its functions, design, logic, interfaces.
- We will do best reasonable actions to keep the Service up and running and to keep you up to date on all changes, however we will not assume or hold any responsibility to any damages or losses incurred from such our action or inaction.
- All updates to the Service created with your feedback, comments, requests, including made with paid services which Mobsted provides, belong perpetually and free of any fees to Mobsted Inc. Any of the amendments to any part or any version of the Service can be made available to third parties at Mobsted's own discretion.
- Mobsted Inc has the right to study your usage of the Service, with any tools necessary, derive and use knowledge on the royalty free, perpetual and irreversible basis to update any part of the Service or add new parts, and to make parts and updates derived from such studies available to third parties, including other licensees of the Service.
10. Service "AS IS"
- You can make any of your applications available as your own internal template, which any of your authorized users can use to make a copy of and develop further.
- You can add your application to Mobsted's templates to allow all those who were granted an access by Mobsted to make a copy of your application. In this case it is fully your responsibility to rid the application of any personal information in may contain before publishing. You can request Mobsted to delete your application in full from the templates, but not to edit it in any way.
- Mobsted reserves a right to take down any application from the Mobsted's templates, without any explanation.
11. Indemnification and Liability
- Mobsted provides the Service on the "AS IS" basis, with "ALL THE FAULTS" and "AS AVAILABLE".
- Mobsted claims no promises and gives no warranties, express, implied, statutory or otherwise, that the Service will: be free of errors; be uninterrupted; be free of harmful content; be secure; never lose or damage content or data; be of satisfactory quality or fit for a particular usage intention; be non infringing; be of ordered speed and power.
12. Payment Solutions
- You will defend Mobsted against any liabilities, which come up from any third party claims of you usage of the Service or any content, which you or your counterparties put in the Service. Mobsted will take reasonable actions to notify you of such claims or demands.
- Mobsted reserves a right to unilaterally take down any parts of your usage of the Service, if such demands come in a legally obliging form.
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MOBSTED, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USAGE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF MOBSTED HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MOBSTED AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE LESSER OF EITHER AN AMOUNT EQUAL TO COST OF THE LAST SIX MONTHS OF SERVICE TO YOU OR $1000. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
- Mobsted may act as payment aggregator with some payment provides available to you in the System. In this case, you agree to receive funds from Mobsted Inc bank accounts rather then from payment provider accounts. You must review each of integrated payment solution to understand how each provider functions within the System. You may or may not be prompted to accept each payment provider rules within the System. If you decline those rules, you will not be able to accept payments within the System.
- Your will complete registration with the payment provider of your choosing and provide Mobsted with required data to take actual payments.
- You will be required to login in outside of Mobsted to use payment provider's account management tools for all your payment issues.
14. Intellectual Property
- The terms of this agreement supersede anything else that could have been stated, written or said in any way.
- The term of this agreement always apply to the maximum, which is permitted by Law. If in any case it will be legally proven that a part of the agreement cannot be enforced, we agree to substitute it with another text with the same intention and spirit, which will comply with the Law. Other parts remain in effect.
- Mobsted Inc may assign or transfer all or any part of our right and obligations to any third party without prior notice. You have no right for such unilateral actions and if you may need it, you will contact Mobsted and receive a written permission.
- This contract rules our relationships as independent contracting parties, not as legal partners, agents or anything else. The purpose of this contract is for our mutual benefit only or of our successors.
- All claims are to be filled within one year time after and actual occurrence. After that period any claim is waived.
- If you are a U.S. Government entity, you acknowledge that anything provided within the System is "Commercial Items" as defined at 48 C.F.R.2.101 and is being provided as commercial computer software subject to 48 C.F.R.2.101 and 12.212.
15. Our Details
- All contents of the System, patents, patent applications, trademarks, design and copyright material are the intellectual property of Mobsted Inc. Nothing can be copied, used, imitated in whole or in part without Mobsted Inc prior written permission. Integrated products and services are also properties of their respective owners.
- This Service is owned and operated by Mobsted Inc. Address –
- You can contact us at [email protected]